February 12, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

February 12, 2004

          Greetings.  Legislators used Wednesday for a "committee day" with a number of meetings taking place.  Several House Members, however, were out doing "Listening Tours" around the State.  Thus, when Legislators returned to the Capitol, each body had a number of bills it wished to address.  Below will outline various news on bills which were heard on the Floor of each Chamber. 

Floor News 

          The House had eight bills on its calendar.  However, by mid afternoon, House Members decided to postpone action on two bills until February 13.  Those bills are HB 208 (relating to Property Owners' Association Act) and HB 1221 (fleeing or eluding a police officer (defining the offense and penalties)).   

          The House did pass the following: 

·        HB 617 – Rep. Graves' bill dealing with clinical perfusionist licensure by a vote of 162 to zero.

·        HB 1103 – A bill dealing with bona fide conservation use property and the notification concerning such as well as the expiration of covenants.

·        HB 1125 – An education bill amending the bullying law.

·        HB 1141 – Amendments to provisions governing dentists and dental hygienists by a vote of 167 to 4.

·        HB 1311 – A bill dealing with real estate closings by non-attorney licensees and unfair trade practices by a vote of 143 to 18. 

The most controversial bill on the House calendar was SB 157, the Payday Lending Bill, which amends Title 7's "Georgia Industrial Loan Act."  The bill was introduced to help curb the numbers of entities which loan monies to persons at high rates of interest and in part was a response to an opinion by the Attorney General.  He stated in the June 27, 2002 opinion that payday lending is in violation of Georgia law.  Payday lending involves smaller loans (under $3,000) and does not encompass loans which involve interstate commerce.  The bill establishes parameters for these types of loans, who will govern the loans, contract provisions on the loans, notice provisions, penalties for violators, etc.  This caused a great deal of debate on the House Floor with a number of Legislators taking the Well to voice their opinions on the Legislation as well as offering numerous amendments.  Several amendments were adopted and the bill finally passed with a vote of 150 to 20. 

The House also took up HR 1266 which is an adjournment resolution.  Currently, Legislators are fashioning a schedule of going into Session at 1:00 o'clock p.m. on Monday, working Tuesday, recessing Wednesday, reconvening Thursday and working Friday.  This schedule has been in place and is to expire on February 16.  Majority Leader Skipper proposed that this schedule be extended an additional two weeks due to the recent court ruling on reapportionment.  At this rate, Legislators may conclude the people's business for this Session on or about March 25.  Additionally, Rep. Hugley offered two "dummy" bills to address the House proposals on the maps for the House and Senate districts.   

The Senate had three bills on its Calendar – all basically dealing with women's issues.  The first bill, SB 240, took hours to deal with.  This bill requires notice be given to a minor's parents or guardians prior to the performance of an abortion.  In the end, the Senate voted to pass SB 240 so as to require this notice in a vote of 42 to 13, with a number of Democrats siding with their Republican counterparts on the issue.  The other two bills on its Calendar were SB 298 (which deals with the effect of legal separation on children); and SB 418 (which deals with the crime of female genitalia mutilation).  SB 298 passed by committee substitute with a Floor amendment by a vote of 33 to 21; SB 418 passed by committee substitute with a Floor amendment by a vote of 52 to zero.  SB 298 raised a number of questions concerning requiring parents of children seeking divorce to attend counseling sessions; many were concerned about the effects of extending the time when the parties were in an abusive situation which might only increase incidents of violence and further jeopardize the families.         

New Legislation 

HB 1436 – Rep. Bannister and others have authored this amendment to Article 3 of Chapter 8 of Title 48 regarding the 1% SPLOST taxes to extend the maximum period of time such tax may be levied.  Currently, law allows for this levy up to five years.  This bill proposes to extend it to seven years.  It would apply to taxes imposed or to be imposed under any resolution or ordinance adopted by a county governing authority on or after the effective date of the Act (proposed to be effective upon signature of the Governor). 

HB 1437 – Reps. Royal and others have proposed the State and Local Tax Revision Act of 2004.  It incorporates federal law into Georgia law; changes provisions regarding fees and penalties regarding returned checks or money orders; increases penalties for filing of returns which are frivolous or desire to impede the administration of the state's income tax laws; changes requirements on liability on a joint income tax return; provides for additional limitations regarding the low-income tax credit; etc. 

HB 1442 – Reps. Gardner, Graves, Mosby, and Parsons have proposed an amendment to Article 5 of Chapter 4 of Title 26 to provide that every pharmacist shall include the total pharmacy reimbursement cost for a prescription drug on the receipt for the prescription drug.  This is an effort to enhance consumer responsibility and education concerning the actual cost of prescription drugs. 

HB 1443 – Reps. Gardner and others have proposed amending Article 2 of Chapter 8 of Title 31 to provide for alternative procedures and sources of funding for reimbursing hospitals for hospital care provided to non-resident indigents.  This mirrors SB 468 introduced by Sen. Levetan.   

HB 1444 – Rep. Borders has proposed an amendment to O.C.G.A. § 48-7-127 concerning tax penalties.  It provides that it will be illegal for any person to knowingly coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes. 

HB 1450 – Reps. Bordeaux, Campbell, Stokes, and Fleming have proposed this amendment to Article 3 of Chapter 3 of Title 38 to add provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation which will interfere with a citizen's, litigant's, state official's, or other person's ability to comply with court deadlines.  It also allows a judicial official the ability to declare an emergency under certain circumstances and what factors must be included in a judicial emergency order.  "Judicial emergency" is defined as: "A) a state of emergency declared by the Governor under Part 1 of this article; B) a public health emergency under Code Section 31-12-1.1; C) a local emergency under Code Section 36-69-2; or D) such other emergency situation which, as determined by an authorized judicial official, requires the closure of courts or inhibits the ability of citizens, litigants, state officials, or others to comply with deadlines imposed by statute, rules of procedure, or court orders applicable in the courts of this state."  This authority would be provided to the Chief Justice of the Georgia Supreme Court; Chief Judge of the Georgia Court of Appeals; or a Chief Judge of a Georgia Superior Court Judicial Circuit.  The judge would have the authority to declare by order a judicial emergency upon his or her own motion or after consideration of a request by another judge or court official.  The order would state: 1) the identity and position of the issuing judicial official; 2) the time, date and place at which the order is executed; 3) the jurisdiction(s) affected by the order; 4) the nature of the emergency necessitating the order; 5) the period or duration of the judicial emergency; and 6) any other information relevant to the suspension or restoration of court operations.  This emergency order would be limited to a maximum of 30 days and could be extended twice for additional 30 day periods.  The order may also designate one or more facilities as temporary courthouses which will be located as near as possible to the county seat if the judicial emergency order applies to a judicial circuit.  There are also provisions for extreme emergencies.  In the event of a judicial emergency, the authorized judicial official will have the power to enter such orders as may be appropriate in any legal proceeding (criminal or civil) and may suspend, toll, or otherwise grant relief from time deadlines imposed by otherwise applicable statutes, rules of procedures, or court orders for the term designated.  There are notice provisions also included so that the judicial official has to give written notice of the judicial emergency order and how such order must be transmitted to the clerk of the Supreme Court and the clerk of the Court of Appeals and if issued by a chief judge of a superior court judicial circuit, then that judge must have a copy filed with the clerk of superior court in each county affected by the order as well as send copies to the clerk of the Supreme Court and the clerk of the Court of Appeals.  Any person, corporation or governmental entity whose rights or interests are affected by a judicial emergency order may appeal that order to the Court of Appeals by filing a notice of appeal with the clerk of superior court in any county to which the order applies and by serving the notice of appeal on 1) the authorized judicial official who issued the order; 2) the adverse parties in any criminal proceeding or civil litigation in which the appellant is involved; and 3) the district attorney of the county in which the notice of appeal is filed. 

HB 1448 – The recent events regarding child abduction have probably pressed the need to amend Part 2 of Article 6 of Chapter 2 of Title 20.  It proposes to enact the Safe Kids Act to provide that the State Board of Education develop a comprehensive child abduction education program and to provide for the convening of the Child Abduction and Prevention Education Task Force.  Rep. Heckstall and others have authored this legislation. 

HB 1451 – Rep. Bordeaux and others have proposed amending O.C.G.A. § 15-9-60 and Chapter 3 of Title 19 to provide for pre-marital counseling and financial incentives to invest in pre-marital counseling.  It proposes to charge applicants applying for marriage licenses who have undergone pre-marital counseling $10.00; if applicants have not undergone such counseling, their application fees would be $150.00.  This pre-marital counseling would consist of conflict management; communication skills; financial responsibilities; child and parenting responsibilities; and extended family roles.  Counseling would have to be completed within nine months prior to the application for the marriage license; the couple may do such counseling either together (four hours) or separately (two hours each) and must be done by a professional counselor, social worker, or marriage and family therapist licensed under Chapter 10A of Title 43; a licensed physician; a licensed psychologist; a member of a religious ministry responsible to its established ecclesiastical authority who possesses a master's degree or its equivalent in theological studies; or a person engaged in the practice of a specialty in accordance with Biblical doctrine in a public or non-profit agency or entity or in private practice. 

HR 1255 – Reps. Hembree and Maxwell have authored this Resolution to encourage local boards of education to offer to the students of the State's public high schools as an elective course "The Bible in Literature and History" textbook curriculum from the National Council on Bible Curriculum in Public Schools. 

HR 1256 – Rep. Porter and others have proposed urging the United States Congress to consider creating a national preserve or other similar federal property to protect land and other natural resources in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia. 

SB 505 – Sens. Thompson and Meyer von Bremen have co-authored this measure amending O.C.G.A. § 36-22-2 concerning a community greenspace preservation to include land used as or dedicated for use as a cemetery within the definition of greenspace. 

SB 507 – Sens. Thomas and others have authored this legislation amending Chapter 12 of Title 16 to enact the Georgia Smokefree Air Act of 2004.  It proposes to prohibit smoking in certain facilities and areas.  There are additional provisions to deal with posting of signs, penalties for violators (including those who are smoking as well as owners, managers, operators or other controllers of a public place or place of employment which allows the violation), administration of the law, etc.  This is in response to studies which have found that tobacco smoke is a major contributor to indoor air pollution and that breathing second-hand smoke is a cause of disease in healthy non-smokers.  Smoking is also proven to be particularly hazardous to the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory functions.  Further, smoke-filled workplaces result in higher worker absenteeism and puts people at greater risk for heart attacks.  Smoking is also a potential cause of fires.  The bill proposes to prohibit smoking in all enclosed public places, including, but not limited to: aquariums, galleries, libraries and museums; areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public including, but not limited to, professional offices, banks, laundromats, hotels, and motels, bars; bingo facilities where a game is in progress; convention facilities; elevators; facilities used for exhibiting a motion picture, stage, drama, lecture, musical recital or other similar performance; healthcare facilities; licensed child care and adult day-care facilities; lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple unit residential facilities; polling places; public transportation facilities, including buses and taxis, and ticket, boarding and waiting areas of public transit depots; restaurants; restrooms, lobbies, reception areas, hallways and other common use areas; retail stores; rooms, chambers and places of meeting or public assembly when a public meeting is in progress; service lines; shopping malls; and sports areas, including enclosed places in outdoor arenas.  Additionally, smoking will be prohibited within a reasonable distance of 25 feet outside an enclosed area where smoking is prohibited.  There are some exemptions – hotel and motel rooms rented to guests and are designated as smoking rooms (no more than 20% of rooms rented); retail tobacco stores (with limitations on where stores are located); private residences; private and semi-private rooms in nursing homes and long-term care facilities which are occupied by one or more persons who are all smokers and have requested in writing to be placed in a room where smoking is permitted; and outdoor areas of places of employment with some exceptions. 

SB 506 – Sens. Balfour, Moody, Kemp, and Hall have proposed this change to Chapter 6 of Title 40 concerning the prohibition of the use and installation of television receivers, screens, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in a motor vehicle at any point forward of the back of the driver's seat or that is visible to the driver while operating the motor vehicle.  Thus, moms must put the DVD players in the back seat of the minivan!  These provisions will not apply to the following equipment installed in a motor vehicle: vehicle information display; navigation or global positioning display; mapping display; visual display used to monitor the area immediately to the rear or sides of a motor vehicle for the purpose of maneuvering the vehicle; or a television receiver, video monitor, television, or video screen that produces entertainment or business applications or any other similar means of visually displaying a television broadcast or video signal if the equipment has a device that when the motor vehicle is being driven, disables the equipment for all uses except as a visual display for the previously mentioned items permitted. 

SR 739 – Sens. Johnson, Thomas and Unterman have proposed commending the Georgia Hospital Association on its exceptional service and the occasion of its 75^th anniversary. 

Committee News 

          On Wednesday, the House Industrial Relations Committee's Subcommittee on HB 1061 and HB 1220 met to hear from the public on the bills.  Both of these bills, by Rep. Stephens, would directly impact the pricing and procedures associated with the delivery of prescription drugs in Georgia.  HB 1061, the pricing control bill, where the Public Service Commission would basically set the prices of each pharmaceutical, has caused a great deal of opposition.  However, the Georgia Pharmacy Association is in favor of the legislation.  Wayne Oliver, the Association's spokesperson, testified that his organization was in favor of the passage of both bills.  There were a number of persons from the pharmacy industry who testified that the consumer would benefit.  Many claimed that the research and development costs of drugs was not the issue – it was the direct-to-consumer advertising costs which were driving up the costs of drugs.   Legislators took issue with this – questioning whether there was a suggestion that Coca Cola, Delta, and other businesses should not advertise their products.  A professor of pharmacy, Flynn Warren, also testified at length before the Subcommittee about the "good" ideas in the bills.  He claimed this legislation would level the playing field.  He cited that hospitals were given large discounts on pharmaceuticals and pharmacies wanted the same – even implying that if such existed perhaps the legislation would "go away."  One Legislator even stated that Mr. Warren was suggesting a "socialist" system.  Mr. Warren stated that pharmacists want the same prices for the same classes of trade.  He also stated that for-profit hospitals should not get the same prices as not-for-profit hospitals.  Manufacturers claim that this will only drive up the costs of drugs, not to mention the fact that the system to "set" the prices would be costly with a hearing required on each drug.  Additionally, the bill (HB 1061) perhaps is unconstitutional in that it proposes "price fixing."  One nurse, who is also a healthcare recipient, claimed that she opposed HB 1061 – high risk drugs saved her life.  Without allowing pharmaceutical manufacturers the ability to have research and development monies, there will be no new drugs coming into the pipeline.  She also stated that, as other industries have experienced, pricing controls only end up raising prices. 

          The Senate's Ethics Committee met this afternoon and passed two bills.  Sen. Don Cheeks was the author of both.  SB 396 proposes to make changes to how disclosure reports are filed with the State Ethics Commission.  Sen. Cheeks' proposal allows the filing of hard or electronic copies.  A discussion regarding the bill's effective date took place due to the concern that the United States Dept. of Justice must approve any changes to Title 21 in Georgia's laws.  The bill finally passed without changes.  SB 446 also passed out of Committee to address Sen. Cheeks' concern that state monies are being paid to contract lobbyists for those lobbyists to in turn ask the State for more monies for that particular Department or Agency.  The bill will prohibit the hiring of these outside lobbyists; it will still permit a full-time employee of a Department or Agency to lobby the General Assembly. 

          The House Health and Human Services Committee met this afternoon and took action on three pieces of Legislation after a presentation was made by Shannon Harvey of Community Health Works in Macon.  This entity is a provider of healthcare to uninsured working people in Middle Georgia.  It is composed of six hospitals, 90 physicians, and 26 pharmacies.  It serves 2,000 patients and basically mirrors the Medicaid program.  The Hospitals and foundations have funded this initiative with physician providers setting limits on what each will contribute.  Additionally, it receives donated pharmaceuticals.  This presentation was in response to Rep. Gardner's Task Force on the Uninsured. 

          HR 701 was presented by Rep. Henson in a substitute form.  It proposes an annual observance of Hepatitis C Awareness Month in October.  Rep. Henson stressed this liver disease is becoming, unfortunately, more prevalent.  This Resolution would help raise awareness and education regarding the disease.  Rep. Mitchell moved that the Resolution pass; the motion carried.   

          HB 1265 was presented by Rep. Childers to allow physicians in training to get a temporary license once they have completed their course work.  This would apply to interns and residents.  Almost all other professionals have similar provisional licenses.  Rep. Millar moved to pass the bill; the motion carried. 

          HB 1303 was presented by its author, Rep. Jamieson.  This bill "tweaks" the hospital lien law currently in place.  It provides that hospitals may serve not less than 30 days prior to the filing of a hospital lien notice on all parties who might be interested that such lien will be filed.  There was no discussion on the bill.  Rep. Gardner moved to pass the bill; her motion carried. 

          The House Judiciary Committee met and had a number of bills on its agenda.  One of the more controversial bills, HB 1019 by Rep. Oliver, was held and not heard due to the author having to attend another hearing.  This bill proposes the Georgia Sunshine in Litigation Act.  It proposes the restriction of information obtained through the discovery process or in court records under certain limitations.  It further provides that no settlement agreement, consent agreement/order, or other dispositive order may remain "confidential" which may contain information otherwise relevant to the protection of public health, welfare, or safety.

If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.

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